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Wednesday, Oct. 26, 2005

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AUSTIN, Texas -- The decision on who will preside over former House Majority Leader Tom DeLay's criminal case will be up to a retired state judge with a reputation as a nonpolitical mediator.

Bell County Senior Judge C.W. Duncan, 81, was selected to consider DeLay's request that state district Judge Bob Perkins not oversee his trial on conspiracy and money laundering charges.

DeLay, accused of masterminding a political fundraising scheme that helped put more Republicans in the Texas Legislature and Congress, contends Perkins is too much of a Democrat to give him a fair trial.

Perkins has contributed money to candidates and Democratic causes that oppose DeLay.

Duncan, also a Democrat, scheduled a Nov. 1 hearing for arguments on DeLay's motion.

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Duncan, appointed to the bench in 1978 by Democratic Gov. Dolph Briscoe and elected in 1980 and again in 1984, is low-key about his politics, say friends and colleagues.

"He's not driven by politics and personality," said longtime Bell County District Attorney Cappy Eads. "I had Judge Duncan rule for me and rule against me both many times. Even in disagreement, I always felt that he was guided by his interpretation of the law and what he felt was the right thing to do."

Duncan has made small contributions to both Democrat and Republican candidates.

After his 1988 retirement, Duncan took senior judge status, which means he serves as a visiting judge in courts around the state. He doesn't have to run for election and "doesn't have an ax to grind politically," said Mary Harrell, a Killeen criminal defense attorney.

As president of the Killeen school board for nearly 20 years, Duncan gained a reputation as a mediator.

"The thing about Judge Duncan, he presided with such ... control, he was a calming influence," said Charles Patterson, a former Killeen superintendent.

© 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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